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Expulsion to Face Torture? Non-refoulement in International Law

Duffy, A (2008) 'Expulsion to Face Torture? Non-refoulement in International Law.' International Journal of Refugee Law, 20 (3). 373 - 390. ISSN 0953-8186

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Abstract

Non-refoulement is a principle of international law that precludes states from returning a person to a place where he or she might be tortured or face persecution. The principle, codified in Article 33 of the 1951 Refugee Convention, is subject to a number of exceptions. This article examines the status of non-refoulement in international law in respect to three key areas: refugee law, human rights law and international customary law. The findings suggest that while a prohibition on refoulement is part of international human rights law and international customary law, the evidence that non-refoulement has acquired the status of a jus cogens norm is less than convincing.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 01 Nov 2017 12:11
Last Modified: 01 Nov 2017 12:11
URI: http://repository.essex.ac.uk/id/eprint/20528

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